Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

I130 pending and i didnt leave am i in trouble? Also due to marry a usc.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • I130 pending and i didnt leave am i in trouble? Also due to marry a usc.

    My mum is a usa resident and as been for years. I came over in nov 2017 and we applied for my i130 before my 90 days was up. Then i have been staying with my mum since (which we did state in the i130). I am due to get married to a usa citizen in the next month or two and i will be reapplying for my i130 and i1485. But i recently was told that technically i should of gone home and waited for the i130 to process which can take several years. But ive also been told that when you have a pending document you can not leave the usa after the form as been accepted because you will get a ten year ban..so im just a lil concerned that when i get married and redo my forms im going to get in trouble. Any info will be appreciated.

  • #2
    Originally posted by Ditdot View Post
    But ive also been told that when you have a pending document you can not leave the usa after the form as been accepted
    Maybe you're thinking of people who have a pending I-485 for Adjustment of Status. There is no restriction on them leaving, but leaving while I-485 is pending will abandon their I-485 unless they have Advance Parole or H or L work status. It has nothing to do with I-130.

    Originally posted by Ditdot View Post
    because you will get a ten year ban.
    No. You will trigger a 10-year ban if you leave the US because you have accrued more than 1 year of "unlawful presence" (which started accruing when you stayed past the date on your I-94).

    Originally posted by Ditdot View Post
    so im just a lil concerned that when i get married and redo my forms im going to get in trouble.
    You are not going to get in trouble if you do Adjustment of Status based on marriage to your USC spouse. Just try to file for it soon.

    This is my personal opinion and is not to be construed as legal advice.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X